A Quote by Bernard Bailyn
The primary function of a constitution was to mark out the boundaries of governmental powers-hence in England, where there was no constitution , there were no limits (save for the effect of trail by jury) to what the legislature might do.
Related Quotes
A constitution defines and limits the powers of the government it creates. It therefore follows, as a natural and also a logical result, that the governmental exercise of any power not authorized by the constitution is an assumed power, and therefore illegal.
I acknowledge, in the ordinary course of government, that the exposition of the laws and Constitution devolves upon the judicial. But I beg to know upon what principle it can be contended that any one department draws from the Constitution greater powers than another in marking out the limits of the powers of the several departments.
I consider the foundation of the Constitution as laid on this ground that 'all powers not delegated to the United States, by the Constitution, nor prohibited by it to the states, are reserved to the states or to the people.' To take a single step beyond the boundaries thus specially drawn around the powers of Congress, is to take possession of a boundless field of power not longer susceptible of any definition.
A judge's role is to ensure that the legislature remains within the limits of its assigned authority under the Constitution. Judges have no authority to second-guess the wisdom of the value judgments and policy choices the legislature has made.
Whether a law be void for its repugnancy to the Constitution, is, at all times, a question of much delicacy, which out seldom, if ever, to be decided in the affirmative, in doubtful case. ... But it is not on slight implication and vague conjecture that the legislature is to be pronounced to have transcended its powers, and its acts to be considered as void. The opposition between the Constitution and the law should be such that the judge feels a clear and strong conviction of their incompatibility with each other.
The primary function of the government is - and here I am quoting directly from the U.S. Constitution - 'to spew out paper.'
The framers of our constitution had the sagacity to vest in Congress all implied powers: that is, powers necessary and proper to carry into effect all the delegated powers wherever vested.
The Constitution is not a law, but it empowers the people to make laws... The Constitution tells us what shall not be a lawful tender... The legislature has ceded up to us the privilege of enacting such laws as are not inconsistent with the Constitution of the United States... The different states, and even Congress itself, have passed many laws diametrically contrary to the Constitution of the United States.
In explaining the Constitution, James Madison, the acknowledged father of the Constitution, wrote in Federalist Paper 45: 'The powers delegated by the proposed Constitution to the Federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peach, negotiation, and foreign commerce.' Has the Constitution been amended to permit Congress to tax, spend and regulate as it pleases or have Americans said, 'To hell with the Constitution'?
I think [John Adams's] influence on the federal Constitution was indirect. Many including James Madison mocked the first volume of Adams's Defence of the Constitutions of the United States in 1787. But his Massachusetts constitution was a model for those who thought about stable popular governments, with its separation of powers, its bicameral legislature, its independent judiciary, and its strong executive.
The Founders who crafted our Constitution and Bill of Rights were careful to draft a Constitution of limited powers - one that would protect Americans' liberty at all times - both in war, and in peace.
In the Constitution of India the Supreme Court and the High Courts were seen as watchdog bodies, independent of the executive, and entrusted with the task of seeing that all institutions function in accordance with the Constitution, and the Rule of Law.
The Constitution I uphold and defend is the one I carry in my pocket all the time, the U.S. Constitution. I don't know what Constitution that other members of Congress uphold, but it's not this one. I think the only Constitution that Barack Obama upholds is the Soviet constitution, not this one.
I took an oath to protect the Constitution, and protecting the Constitution means not letting the president bypass the separation of powers.
The tenth amendment said the federal government is supposed to only have powers that were explicitly given in the Constitution. I think the federal government's gone way beyond that. The Constitution never said that you could have a Federal Reserve that would have $2.8 trillion in assets. We've gotten out of control.
The Constitution expressly and exclusively vests in the Legislature the power of declaring a state of war [and] the power of raising armies.... A delegation of such powers [to the President] would have struck, not only at the fabric of our Constitution, but at the foundation of all well organized and well checked governments. The separation of the power of declaring war from that of conducting it, is wisely contrived to exclude the danger of its being declared for the sake of its being conducted.
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